No person owning any dog shall suffer or permit such dog to
disturb the peace and quiet of the neighborhood by barking, making
other loud or unusual noises or by running through or across cultivated
gardens or fields.
Any dog found in the borough either without a license or running
at large under conditions set forth above is hereby declared to be
a nuisance and shall be impounded as hereinafter provided.
The poundkeeper or person designated by Council is hereby charged
with the duty of impounding all dogs running at large in violation
of the provisions of this article. He shall be a special police officer
and shall be and is hereby authorized to make all necessary arrests
in carrying out the provisions of this article and shall receive fees
for such arrests in the same manner as other police officers of the
Borough.
The fees and charges allowed and fixed by the ordinances of
said borough for taking up, pounding and keep and disposing of impounded
animals shall be paid hereunder for like services at the time and
in the manner fixed by said ordinances.
The owner or owners of any dogs impounded hereunder may redeem
the same by paying all the costs, charges and penalties assessed,
if any, that have accrued up to the time of making the redemption,
and when the same are paid to said poundkeeper or person designated
by the Council, it shall be his duty and he shall release the dog
from said pound and deliver him to the owner thereof.
Immediately after impounding any dog hereunder, it shall be
the duty of the pound keeper or person designated by the Council to
enter upon the records of the pound in a book to be kept by him for
such purpose the date of impounding, a description of the dog impounded
and a record as to whether or not such dog has been licensed and tagged
as required by the ordinances.
Public notice of the impounding of such dog shall be given by
posting one copy of the description of such dog and date of impounding
at the pound and one copy of such notice on the bulletin board at
the Borough building. Any such dog not redeemed by the owner thereof
within three days after the posting of such notice by the poundkeeper
or person designated by Council shall be and he is hereby declared
to be a public nuisance. The poundkeeper or person designated by Council
shall immediately thereafter kill or destroy the dog.
It shall be the duty of the poundkeeper or person designated
by Council to cause notice to be served by mail upon the registered
owner of any licensed dog impounded under the provisions of this article,
such notice to be mailed at least two days prior to the posting of
the notice of impounding hereinbefore provided.
Whenever any dog bites a person, the owner of the said dog shall
immediately notify the Chief of Police who shall order the dog held
on the owner's premises or shall have it impounded for a period
of two weeks. The dog shall be examined immediately after it has bitten
anyone and again at the end of the two-week period. If at the end
of two weeks a veterinarian is convinced that the dog is then free
from rabies, the dog shall be released from quarantine or from the
pound as the case may be. If the dog dies in the meanwhile, its head
shall be sent to the State Department of Health for examination for
rabies.
[Added 3-24-2015, approved 3-24-2015]
This section prohibits keeping dogs outdoors in extreme weather.
A. It shall be unlawful for any person to tether, fasten, chain, tie,
restrain or cause any unattended dog to be fastened, chained, tied
or restrained to houses, trees, fences, garages, stakes or other stationary
or highly immobile objects by means of a rope, chain, strap or other
physical restraint for the purpose of confinement, except in circumstances
where all of the following requirements are satisfied:
(1)
The dog has easy access to:
(c)
Adequate shade and/or shelter within the tethered area.
(2)
The dog is periodically monitored while tethered for the aforementioned
reasonable period of time; and
(3)
The dog is not tethered outdoors during any period in which
a severe weather warning has been issued for Fayette County by the
National Weather Service; and
(4)
The dog is not tethered outdoors for a continuous period of
time greater than 1/2 hour if the temperature during such period remains
entirely either:
B. It shall be unlawful for any person to leave any dog outside and
unattended during any period in which a severe weather warning has
been issued for Fayette County by the National Weather Service for
a continuous period of time greater than 1/2 hour if the temperature
during such period remains entirely either:
(3)
"Outside," for the purpose of this section, shall mean any unattended
clog that is outside subjected to the weather and elements, which
expressly includes, but is not limited to, a dog in a securely fenced-in
yard, a dog in a kennel, or a dog tethered or tied-out. The dog shall
be considered "out" regardless of access to an outdoor doghouse or
similar structure.
[Amended 6-9-1987 by Ord. No. 1987-1, approved 6-9-1987; 3-24-2015, approved 3-24-2015]
Any person who violates any provision(s) of this article shall
commit a summary offense and shall, upon being found guilty by a Magisterial
District Judge, after hearing, pay a fine not to exceed $500, together
with all enforcement and shelter costs, in the event a dog must be
confiscated, and all court costs as permitted by law. Each day of
violation shall constitute a separate offense, which shall be subject
to prosecution as such. Enforcement and prosecution of any violation
of this article may be conducted by the Borough as provided by law
or by its agent and counsel as provided in the Pennsylvania Animal
Cruelty Law.